No resolution in Worcester panhandling ordinance lawsuit

Monday

Sep 16, 2013 at 6:00 AMSep 16, 2013 at 9:15 PM

By Scott J. Croteau, TELEGRAM & GAZETTE STAFF

WORCESTER— An American Civil Liberties Union lawyer is asking a federal judge to decide a June request to bar the city from enforcing its recently enacted panhandling ordinances after the city and ACLU could not come to a settlement.

The ACLU filed a civil complaint in U.S. District Court in Worcester over the summer stating the panhandling ordinances enacted in late January were unconstitutional. At a June hearing the ACLU asked U.S. District Court Judge Timothy S. Hillman to issue a preliminary injunction against the city.

At the time, Judge Hillman asked the two sides to talk and negotiate some type of agreement, but discussions ceased without any settlement. The judge said in June that it appeared some actions enforceable in the ordinances could be handled under existing laws.

City Solicitor David M. Moore said much of the discussions with the ACLU involved narrowing the negotiations toward those issues believed to be covered by existing laws already.

Mr. Moore confirmed negotiations ceased this summer. Kevin P. Martin, the volunteer lawyer for the ACLU, said he is looking for the judge to decide on the preliminary injunction.

On August 21, Mr. Martin filed a letter with the court asking for a ruling.

"While the parties attempted in good faith to negotiate a resolution of this matter, they were unable to reach an agreement," Mr. Martin wrote."

The city believes the ordinances, created to handle what has been deemed aggressive panhandling and public safety concerns with panhandling, can stand up to constitutional challenges. There have been 12 arrests for violations of the ordinances this year.

The ordinances restrict panhandling within 20 feet of various locations including outdoor restaurant areas, automated teller machines and public restrooms. Also banned was soliciting cash from drivers while standing in the street, on traffic islands or by walking into traffic to get money.

The ACLU said politicians sometimes campaign on traffic islands.

The ACLU contends the ordinances are unconstitutional and violate free speech and people's rights to peacefully solicit donations in public. The plaintiffs are listed as Robert Thayer and Sharon Brownson, two people described as homeless city residents; and Tracy O'Connell Novick, a member of the School Committee.